Show notes
Kinsella on Liberty Podcast, Episode 199. I discussed legislation and law with Tom Woods on his show today, Episode 557: Ep. 557 The State’s Corruption of Private Law, or We Don’t Need No Legislature 17th December 2015 Ever since we learned in school how a bill becomes a law, we’ve absorbed the idea that it’s normal for law to be imposed from the top down. But it’s possible, and indeed the historical norm, for law to emerge in a completely different, more libertarian-friendly way. Join me for a great conversation with Stephan Kinsella! Transcript below. Youtube version: More description from Tom's shownotes: Related Links “Legislation and the Discovery of Law in a Free Society” (PDF) by Stephan Kinsella Liberty and Law (PDF), by Giovanni Sartori “The State’s Corruption of Private Law,” by Stephan Kinsella “Another Problem with Legislation: James Carter and the Field Codes,” by Stephan Kinsella Related Books Law, Legislation, and Liberty, vol. 1: Rules and Order, by F.A. Hayek Freedom and the Law, by Bruno Leoni Books by the Guest Against Intellectual Property International Investment, Political Risk, and Dispute Resolution: A Practitioner’s Guide Protecting Foreign Investment Under International Law: Legal Aspects of Political Risk For some more related posts/resources: “Legislation and Law in a Free Society,” Mises Daily (Feb. 25, 2010) “Legislation and the Discovery of Law in a Free Society,” Journal of Libertarian Studies 11 (Summer 1995) Another Problem with Legislation: James Carter v. the Field Codes Kinsella & Rome, Louisiana Civil Law Dictionary (Quid Pro Books, 2011) Regret: The Glory of State Law KOL001 | “The (State’s) Corruption of (Private) Law” (PFS 2012) Hayek, Law, Legislation and Liberty, vol. 1 John Hasnas, The Myth of the Rule of Law David Kelley & Roger Donway, Laissez Parler: Freedom in the Electronic Media (linked here) Bruno Leoni, Freedom and the Law Giovanni Sartori, Liberty and Law (pdf) Shael Herman, The Louisiana Civil Code: A European Legacy for the United States Alan Watson, Roman Law and Comparative Law Idem, The Importance of “Nutshells”, AJCL, 1994 Why Airwaves (Electromagnetic Spectra) Are (Arguably) Property Transcript The State's Corruption of Private Law, or We Don't Need No Legislature Stephan Kinsella, interviewed by Tom Woods The Tom Woods Show, Dec. 17, 2015 Transcript TOM WOODS: The Tom Woods Show, episode 557. INTRO: Prepare to set fire to the index card of allowable opinion. Your daily dose of liberty education starts here, the Tom Woods Show. TOM WOODS: Hey everybody. Welcome to another episode of the show. Stephan Kinsella is back with us again. There are so many episode topics I could cover with Stephan Kinsella, and today we’re talking about law and legislation. Is it possible to think of law other than as something that’s imposed from the top down by a bunch of legislators on society? That’s what we want to talk about because it’s important, has important ramifications, and I thought I haven’t done it yet. Doggone it; it’s episode 557. Let’s do it. Stephan Kinsella is a libertarian legal theorist. He has pioneered in the study of intellectual property. I’m going to link to all kinds of material about Stephan at tomwoods.com/557. You can find out more about him at stephankinsella.com. Let me remind you because there’s been a little bit of confusion. I am giving away a free autographed book.